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Town Seal
Planning Board Minutes 10/09/2006
Planning Board Members Present: Keith Emery, Dennis Santolucito, Cullen Ryan, Wanda Emery, Jeremiah Ross and Barbara Elwell.

Planning Board Members Absent: David Anderson

Others Present: Mary Gamage and Doug Boyce – Hannaford, Mary Ann Saxby, Mary MacLeod, Paul & Ruth Johnson, Dan & Olive Collomy, Bill Hoffman and Rob Woodman of Deluca-Hoffman, Peter Hedrick of Gorrill Palmer.

Chairman Keith Emery called the meeting to order at 7:30 p.m.

Public Hearing continued for Hannaford Bros. Co. who is requesting a conditional use permit for a retail complex located at the intersection of Routes 202 and Portland Road.  The complex includes a 35,685 sq. ft. supermarket/pharmacy store and additional retail out buildings; Tax Map 9, Lot 33 and Map 5 Lot 47B-1.
Doug Boyce, represented Hannaford Bros. along with Bill Hoffman and Rob Woodman of Deluca-Hoffman and Peter Hedrick of Gorrill, Palmer.  Keith informed the audience that a workshop was held on October 2nd and the peer review was discussed.
·       Motioned by Wanda, seconded by Cullen to schedule a workshop for Tuesday, October 17th at 7:30 p.m.  The motion passed with a 6 – 0 vote.  
The storm water information will be to the peer reviewer sometime this week.  Mr. Boyce asked if the Hannaford group could meet with the peer review group separately.  The Board was in agreement that the process would be faster if they could coordinate the stormwater information.
        Dennis questioned the sign issue.  Hannaford has not made a submission for the sign yet.  Mr. Boyce fielded questions from the public.

Public Hearing: Mary MacLeod of Westbrook is requesting a conditional use permit to have horses at 54 Berry Road; Tax Map 6, Lot 29.
Mary MacLeod has recently purchased 54 Berry Road and wants to have 4 horses.  The property has 4 acres and includes two existing barns.  The property is located in the residential zone, which requires a conditional use permit to house horses.     
Wanda and Cullen attended the site walk on Thursday, September 28th.   Wanda did not see the location of the neighbors’ wells or the area where the manure pile will be located.  Wanda added that according to Section 11.3.B the manure pile will need to be covered or at least 150 feet from the nearest dwelling, 300 feet from any body of water or well.  Both will need to be indicated on the final plan.  Wanda also recommended checking with the Department of Agriculture for guidelines on the spreading of manure.   If the horses will be grazing on an abutter’s property, Keith requested a letter from the abutter stating that they have permission to use the land.  
Concerns from abutters:  Dan Collomy had no objection to having horses.  Ruth Johnson said she approves of the proposal.  Paul Johnson is concerned that 4 horses are too many in the residential zone.  The Board recommended having three (3) horses.
·       Motioned by Dennis, seconded by Jere to close the public hearing.  The motion passed with a 6 – 0 vote.  

Conditions of approval:
1.      All elements and features of the plan and all representations made by the applicant concerning the development and use of the property which appear in the record of the planning Board proceedings, are condition of approval.  No changes from the condition of approval is permitted unless an amended plan is first submitted to and approved by the Planning Board.
2.      That the applicant be in compliance with all applicable provisions of Article 8.2.B and 10.
3.      That the applicant be in compliance with all applicable provisions of Section 11.
4.      All outstanding bills paid before building permit is issued.
5.      Limit the number of horses to three (3).
·       Motioned by Cullen, seconded by Wanda to find the applicant in compliance with Articles 8.2.B, 10 and Section 11.  The motion passed with a 6 – 0 vote.  

·       Motioned by Cullen, seconded by Jere to approve the application with conditions stated this evening and at previous meetings.  The motion passed with a 6 – 0 vote.  

Discussion of SMRPC’s peer review for Stephen Joffe & Julie Colpitts proposed 9-lot subdivision located off Webster Road.  Tax Map 7, Lot 31.
William Thompson of BH2M represented the applicants did not have time to respond to SMRPC’s comments before the meeting.  
1.      Section 13.3.A.19 - The management of the open space will be included in the homeowners association for the project.  (Draft will be submitted)  The Board would like restrictions listed as to what is allowed and printed on the final plan along with No Cutting indicated on each lot affected by the wetlands.  
2.      Section 13.3.A.21 – The applicant is no longer requesting a waiver for the hydrogeologic study
3.      Section 13.4.H – limiting factor for septic disposal sites – All the lots have two (2) test pits per lot.  Mr. Thompson will label one as the primary and the other as reserve.
4.      The Board is requiring the applicant to make a notation on the plan of active gravel extraction industry and the private landing strip in the area.
5.      Out-sale lot – in agreement with attorney.
6.      Performance Guarantee - will have completed before the final plan.  Performance guarantee form for proper signoffs along with estimates broken down in phases.
7.      The nitrate analysis – is designed for three (3) bedroom homes, it is standard practice to indicate if they want more than three, a certification from the Hydrogeologist will need to be resubmitted.  
A letter was received from the acting Fire Chief Gene Harmon and the fire tank infromation is on the plan.  The applicant will have to submit an easement to the Town for the fire tank.  
·       Motioned by Jere, seconded by Wanda to schedule a public hearing for October 23, 2006.  The motion passed with a 6 – 0 vote.  

CEO Report:  none

Approval of Minutes:  
1.      August 14, 2006 – Motioned by Cullen, seconded by Dennis to accept the minutes of August 14, 2006 as written.  The motion passed with a 6 – 0 vote.
2.      August 28, 2006 – Motioned by Cullen, seconded by Dennis to accept the minutes of August 28, 2006 as written.  The motion passed with a 5 – 0 - 1 vote, with Barbara abstaining.
3.      September 11, 2006– Motioned by Cullen, seconded by Dennis to accept the minutes of September 11, 2006 as written.  The motion passed with a 6 – 0 vote.

Approval of Bills:  none

·       Green Mountain Conservation Group – Cullen will write a letter to inform the applicant of the Boards concerns of possible contamination to the aquifer in this area.
·       State Planning Office Newsletter
·       Press Release – for Aquatic Species project Workshop
·       Budget update
·       The Functions and Values of Vegetated Buffers
·       Sue Schaller will have an update on the zoning maps by the next meeting.
·       11-Town meeting – Board members received copy @ home.  

Other Business:  
        Findings for Rebecca & Duane Withey
·       Motioned by Dennis, seconded by Cullen to approve the Withey finding of facts and conditions.  The motion passed with a 6 – 0 vote.
·       Jere moved and seconded by Dennis to adjourn and sign the Withey plan at 8:58 p.m., a unanimous vote.

Respectfully submitted,
Krystal L. Dyer                         Approval Date:                          

Chairperson: ________________________________ Signature Date: ____________
                                               Keith Emery     

Town of Buxton
  185 Portland Road, Buxton, ME 04093 (207) 929-5191
Town Office Hours: Mon, Tues, Thur, Fri 8:30am to 4:30pm & Wed: 11:30am - 7:30pm
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